PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
CONSUMER COMPLAINT NO. 117/2023
Present-Dr. Ramakanta Satapathy, President,
Sri. Sadananda Tripathy, Member,
Sarita Sahu,
W/O- Kumuda Ch. Sahu,
R/O- Sindurpank, PO- Sindurpank, Ps-Sadar
Dist-Sambalpur-768005, Odisha, …………........Complainant
Vrs.
- Sub-Divisional Officer,
Dhanupali Sub-Division, TPWODL,
Dhanupali, Sambalpur-768005.
- Junior Engineer, TPWODL,
Maneswar, Sambalpur, Odisha-768005.
- Mukesh Kumar Jha,
Supervisor of TPWODL,
Sindurpank area, S/O-Ganesh Jha,
R/O-Putibandh, Dhanupali, Sambalpur-768005...…...…….Opp. Parties
Counsels:-
- For the Complainant :- Sri. A.K. Agrawal & Associates
- For the O.P.s :- Swapnil Ku. Nanda & Samapika Mohanty, representative.
Date of Filing:26.07.2023,Date of Hearing :18.12.2023,Date of Judgement :12.02.2024
Presented by Dr. Ramakanta Satapathy, PRESIDENT
- The case of the Complainant is that the Complainant is a commercial consumer of the O.Ps having consumer No. 4162-3502-1014. On 05.07.2021 the Complainant applied for new connection at variety shop of her husband at Pitabali Chowk, Sindurpank, Sambalpur. On 09.07.2021 Rs. 4000/- was given to O.P. no.3 through phonepay. On 10.07.2023 O.P. no.3 demanded extra money for the connection. The Complainant paid Rs. 13,000/- through phonepay to O.P. No.3. On 1st August 202 the O.P. installed a new meter. On 21.01.2021 first electricity bill for Sourav Pujari, consumer No. 4162-3502-1013 was given. On 07.03.2022 Complainant received another bill having consumer name Purusottam Behera, Consumer No. 4162-3502-0113. On 23.09.2022.
Complainant received another bill in the name of the Sourav Pujari, consumer No. 4162-3502-1013. The O.Ps harassed the Complainant for more than one year and told the O.P.s to give correct bill. After that the O.Ps illegally removed the electricity meter of the Complainant in absence of Complainant to hide their mistakes.
On 07.09.2022 the Complainant paid Rs. 20,000/- to O.P. No.3 through phone pay which was deducted from the bill of Sourav Kumar Pujari. On 25.09.2022 when the Complainant saw that there was no meter and they connected the electricity directly, the Complainant made complaint to O.P. NO.1 and the O.Ps assured to install a new meter and correct electricity meter. On 27.09.2022 the O.Ps put penalty showing unauthorized connection and disconnected the power supply. Due to disconnection there was wastage of goods like ice-cream, cakes, chocolates etc. amounting to Rs. 4.00 lakhs. For variety shop husband of the Complainant has taken a loan of Rs. 1,79,000/- from Indian Bank and due to disconnection harassed by the O.Ps.
Being aggrieved complaint was filed.
- The O.P. No.1 & 2 in their version submitted that present complaint related to consumer No. 4162-3502-1014 in the name of Complainant with a permitted load of 1.5KW/LT/General purpose category. Power supply made since 20.07.2021 with meter No. WLT110645. Till August 2022 outstanding arrear was Rs. 8397/- and thereafter bill was stopped. Billing dispute is not maintainable before this Commission.
The Complainant applied for new connection on 17.07.2021 through online application vide UPAN-20210717W 071659 and made payment of Rs. 7844/-. Online vide Tr. No. VPHW0121008385 which includes processing fees of Rs. 50/- connection charges Rs. 1500/-, inspection fees Rs. 50/- security deposit Rs. 4465/- meter cost Rs. 1500 and GST of Rs. 279/-. The O.P. No.3 is not an employee of O.Ps. He joined service on 23.10.2021 as outsourcing employee through M/S Imperial Electric Company, which maintain LT/HT network.
New Connection on 19.07.2021 was given with meter No. WLT110645. First bill was generated on 27.09.2021 for the month of August 2021 for 454 units. In the next billing month mistakenly energy bill served to the Complainant in the name of Sourav Pujari and on complaint correct bill was given for billing month Oct. 2021 for 52 units. From the date of supply, the Complainant not paid any amount although paid penalty(assessment) for unauthorized use of electricity.
With the meter No. WLT 110645 actual bills were served regularly till billing month of August 2022 with an outstanding arrear of Rs. 5529/-. The meter reader during Sept/Oct 2022 noticed that the consumer removed the energy meter and used electricity through direct tapping without meter and extended the electric supply to the adjacent shops in market complex. In absence of energy and husband of Complainant resisted to install new energy meter.
On 07.09.2022 there was no payment from the Complainant to the answering O.Ps. In an periodical inspection on 20.01.2022, the consumer availed an extra connection with a load of 1.5KW unauthorisedly by direct tapping from distribution system without meter and for that provisional order was issued on 27.01.2022 for Rs. 53,180/-. Due procedure followed. The Assessing officer on request of Complainant reduced the assessment to Rs. 20,000/- and issued final order of assessment dated 12.09.2023 for Rs. 20,000/- and consumer on the same day paid the amount. Proceeding was dropped. The Complainant removed the meter thereafter so that billing can not be made.
The Complainant has two connections, one commercial connection in her husband name and another in the name of father in law. The Complainant is very irregular in payment and huge arrear is pending. Regarding other commercial connection, when the meter been registered to replace the defective meter currently notices have been issued under Regulator 93 and 94 read with Regulation 114 for allowing the Licensee to replace the defective meter. In the present case also meter has been removed and used by direct tapping. There is no disconnection in the premises of the Complainant. On 03.10.2023 inspection power supply has been shown in the Complainant’s complex without energy meter. In three room in complex two rooms were closed. In middle room there is electric supply and power is used by occupants. Unauthorised connection has been supplied to adjacent chicken shop in the same premises. Occupants when refused to receive PVR, then affixure was made.
There is no any deficiency in service nor unfair trade practice on the part of O.Ps.
- Perused the documents filed by both the parties. From bill dated 21.11.2021 it reveals that bill has been issued in the name of Sourav Kumar Pujari Consumer No. 4162-3502-1013. In bill dated 07.03.2022 against Consumer No. 4162-3502-1013 bill issued in the name of Purusottam Behera. In bill dated 23.09.2022 bill has been issued in the name of Sourav Kumar Pujari. This Complaint is related with Smt. Sarita Sahu consumer No. 4162-2502-1014 and meter serial No. WLT110645. The O.P. No.3 is working under O.Ps and on 04.03.2021 and amount of Rs. 4000/- has been transferred. The Complainant not filed any document showing payment of Rs. 13,000/- to O.P. No.3. On 07.09.2022 an amount of Rs. 20,000/- has been paid online to O.P. No.3. As per statement of O.Ps after August 2022 no payment has been made in the account and outstanding was Rs. 8397/-. If the statement of Complainant is taken true when outstanding is Rs. 8397/- why the Complainant paid Rs. 20,000/- to the O.P. No.3. The statement of Complainant is not acceptable, as consumer number of Sourav Kumar Pujari is different than the Complainant.
The second allegation of the Complainant is that the Complainant 25.09.2022 saw that there was electricity meter and the O.Ps connected the meter directly. Complaint was made and the O.Ps assured to install a new meter. In reply O.Ps submitted that the meter reader during September/October 2022 on 17.11.2022 noticed that the meter has been removed and direct tapping made, supply extended to adjacent shops of the Complex. In absence of energy meter bill could not be issued. Licensee was repeatedly resisted by husband of the Complainant for installation of a new energy meter. In this context the Complainant could not explain on which date meter was removed. Further regarding removal of energy meter no any documents has been filed that complaint was made before the O.Ps or any F.I.R. lodged. In order ot use energy unauthorisedly the Complainant has removed the meter herself so that bill can not be raised.
The Complainant has not come to the Commission with clean hand. Accordingly, the complaint has no merit and dismissed.
Order pronounced in the open court on 12th day of Feb 2024.
Supply free copies to the parties.
